Estatus constitucional de las leyes orgánicas y ordinarias en la constitución del 2008
This paper aims to demonstrate that the ordinary laws must have a quorum of less than organic laws approved in order to preserve the will of the constituent formally and materially differentiate between such laws. Furthermore, this paper aims to establish the legal nature and characteristics of the...
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| Natura: | bachelorThesis |
| Lingua: | spa |
| Pubblicazione: |
2016
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| Accesso online: | http://dspace.udla.edu.ec/handle/33000/6356 |
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Aggiungi Tag | Riassunto: | This paper aims to demonstrate that the ordinary laws must have a quorum of less than organic laws approved in order to preserve the will of the constituent formally and materially differentiate between such laws. Furthermore, this paper aims to establish the legal nature and characteristics of the organic laws; analyze the constitutional status of organic and ordinary laws in the Constitution of 2008; study the approval procedure of organic laws regarding ordinary laws; analyze problems of normative contradiction between organic and ordinary laws, under the principles of hierarchy and competition. This study was supported in the literature, in Ecuador and comparative legislation on organic law. This study establishes that organic laws are normative categories that are combined in a material and a formal element. The legislative procedure is an organic or ordinary law is identical; there is no difference in the phases or the approval quorum. In Ecuador, the organic laws have no system of aggravated procedure. In the case of conflict between an organic law and an ordinary law prevails the principle of hierarchy. |
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